He pointed out that Dillen ... was prone to "emotional outbursts."A teenager prone to emotional outbursts. Well, clearly this must be because of nefarious outside influences.
I agree with Franklin G Ryzzo that it isn't entrapment. It'd be like if you put a table on the sidewalk in front of your house, put a bunch of jewelry/books/whatever on it, put up a sign saying "Free stuff"... and then accused anyone who took anything of theft. It's not entrapment because what those people did wasn't a crime.
Maybe he'll try to claim that an IP address can only be used to identify downloaders, and can't be used to identify uploaders? It seems like the sort of thing the Prendateers might say.
Reading through those tweets, I sometimes thought "this has to be someone pretending to be Steele. I mean, he can't really be that stupid". But since I don't know him personally, maybe he is that stupid.
John Carr (adviser on internet safety and secretary of a children?s charities coalition): ?Google can do more and should do more.?Technically, this is true. Google could hire more humans to try to identify more such material. They could hire an army of such people, and army so big that their profit margin would drop to zero. The questions are:
Quoting from Wikipedia:
Although, in the United States, it is only a part of common law and therefore not sharply defined, it is generally agreed that it can only be cited if the party in question successfully maintained its position in the earlier proceedings and benefited from it. [emphasis added]Have Steele and friends actually benefitted in a court case from anything they've told the court?
If I recall correctly, Charles Carreon did something similar: Carreon threatened to sue, the threatened person sued for declaratory judgment, and in return Carreon implied that he'd changed his mind about suing so there was no point to a declaratory judgment.
I'm sure that Steele, out of the kindness of his heart, didn't file any charges against his good friend Alan Cooper. I'm equally sure that, since Steele isn't concerned with such trifles as money, that he didn't file any insurance claims over the destroyed/stolen property.
Those statements about "how's my porn company doing?" came out in that earlier filing, but many people noted that if Cooper was actually running the company, that's not the kind of question he would ask, so it only served to raise more questions about Prenda/Steele's involvement. So, in this filing, they try to work around that by claiming that Cooper wasn't talking about AF Holdings, but about a different company Steele was supposedly going to set up for him, but that never actually happened.Of course, Steele just happened to forget that important detail the first time around.
So, it sounds like Lutz should pay this one...But that's taking food from the mouth's of Lutz's non-existent children!
Some people find legal shenanigans by lawyers to be entertaining. Just look at all of the people who follow Ken White's coverage of the Prenda story; most of them aren't involved in the whole copyright-pirate thing. And personally, I was endlessly entertained by the whole SCO v Linux reporting that Groklaw did.
Denied due process? Prenda and friends had lawyers at the same hearing the Cooper attended, and those lawyers could have cross examined him.
At the hearing before Judge Wright at which Cooper was present, Prenda and friends were represented by at least one lawyer. Those lawyers could have cross examined Cooper then. So how was Prenda's due process denied?
"Is this the judge's job? Or is this the job of the defense? If the judge felt there was fraud here,"
Lawyers are officers of the court. It's the judge's job to investigate if he thinks that the lawyers aren't behaving as officers of the court should, and to impose sanctions if he thinks they broke the rules. In this case, the fraud involved lying to the court, so it's exactly the sort of fraud the judge should be concerned with.
IT IS SO ORDERED.Make it so, Number One.
Wow, it's amazing how many judges are anti-copyright!
Now what am I gonna do?Pray really hard that Prenda appeals?
Also I'm not like Batman. Batman is awesome. At best I'm, like, Aquaman.Don't screw with Aqua Man, dude. He'll fuck your shit up.
Up until just now, my eyes kept sliding over the "Hogan" after "Hulk", and I thought the whole thing had to do with the Incredible Hulk. And now I'm kinda disappointed.
If this was just to offset the costs, they could simply buy the clerks some stopwatches and charge by the minute. That would be easier to tie into the costs involved, and the charges would be much less discouraging to the public that wanted to do searches.
Of course, if the intent to get the government more income without raising taxes... Well, like Jim Ewert said, "[I]f it's adopted there is going to be very little additional funding, because people just aren't going to make the request", but I guess hope springs eternal.